Legal Question in Criminal Law in India
One Sushil Kumar Jain (father of Mohit Kumar Jain, Vipin Jain, Piyush Kumar Jain, Ashish Jain) filed fake/forged criminal complaint U/s 323, 504 and 506 IPC with fake witnesses against father & 2 uncles of girl. It was filed to put pressure on girl's family for settlement. Now said Sushil Kumar Jain has died of a heart attack. A settlement between girl & boy has also finalised.
Now please advise how the criminal complaint can be settled or quashed against the father & 2 uncles.
1 Answer from Attorneys
If it is a police case, you can move the concerned High court by filing a petition under section 482 Cr.P.C to quash the charge sheet. If it is a private complaint,Whether the person seeking substitution in the place of deceased complainant is a fit person to be substituted is the discretion of the Magistrate to consider. In other words, whether the fitness of the person to represent the deceased complainant would sub-serve the cause of justice is the matter to be considered by the Magistrate.
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